Kolkata Court October 1914 Judgments
Faujdar Thakur Vs. Kasi Chowdhury
Court: Kolkata
Decided on: Oct-23-1914
Reported in: (1915)ILR42Cal612
Fletcher, J.1. This case has been, laid before me under the provisions of Section 429, read with Section 439 of the Code of Criminal Procedure, owing to there being a difference of opinion between the learned Chief Justice and Teunon J. before whom the case came2. Twenty-three persons were charged with having committed an offence punishable under Section 148 of the Indian Penal Code. After a trial which lasted about three months the Magistrate acquitted all the accused. An application was then made to this Court to set aside the acquittal and to direct a retrial That application came on before Sharfuddin and Teunon JJ. who issued a Rule on the opposite party to show cause why the order of acquittal should not be set aside and a retrial ordered. The Rule subsequently came on for hearing before the learned Chief Justice and Teunon J. who differed in opinion, the Chief Justice being of opinion that the Rule ought to be discharged, whilst Teunon J. was of opinion that the Rule should be ma...
Tag this Judgment!Emperor Vs. Babar Ali Gazi
Court: Kolkata
Decided on: Oct-14-1914
Reported in: AIR1915Cal781,(1915)ILR42Cal789
Fletcher, J.1. This case comes before us on a reference made by the Sessions Judge of Jessore under the provisions of Section 307 of the Code of Criminal Procedure. The accused were tried before the learned Sessions Judge and a Jury on a charge of dacoity with murder under Section 396 oh the Indian Penal Code.2. The Jury by a unanimous verdict found the accused Nos. 3 and 6 guilty of an offence under Section 396 of the Indian Penal Code, and the other four accused guilty of an offence under Section 395 of the Indian Penal Code.3. The learned Sessions Judge agreed with the verdict as against the accused No. 1 Babar Ali, but failed to pass sentence on him, being of opinion that, as he disagreed with the verdict as regards the other accused, he was bound to refer the whole case to this Court. The learned Judge, however, was in error in the view that he took and it was clearly his duty to pass sentence on the accused No. 1 Babar Ali. As against the accused No. 1 Babar Ali the case must go ...
Tag this Judgment!Emperor Vs. Babar Ali Gazi and ors.
Court: Kolkata
Decided on: Oct-14-1914
Reported in: 28Ind.Cas.657
Fletcher, J.1. This case comes before us on a reference made by the Sessions Judge of Jessore under the provisions of Section 307 of the Code of Criminal Procedure. The accused were tried before the learned Sessions Judge and a Jury on a charge of dacoity with murder under Section 896 of the Indian Penal Code.2. The Jury by a unanimous verdict found the accused Nos. 3 and 6 guilty of an offence under Section 896 of the Indian Penal Code and the other four accused guilty of an offence under Section 895 of the Indian Penal Code.3. The learned Sessions Judge agreed with the verdict as against the accused No. 1, Babar Ali, but failed to pass sentence on him, being of opinion that as fie disagreed with the verdict as regards the other accused lie was hound to refer the whole case to this Court. The learned Judge, however was in error in f he view that lie look and it was clearly his duty to pass sentence on the accused No. 1, Babar Ali. As against the accused No. 1, Babar Ali, the case must...
Tag this Judgment!Mahajan Sheikh Vs. Emperor
Court: Kolkata
Decided on: Oct-13-1914
Reported in: AIR1915Cal787,(1915)ILR42Cal708
Jenkins, C.J. and Teunon, J.1. Under Section 75 of the Code of Criminal Procedure the seal of the Court is essential to the validity of a warrant. The absence of a seal in this case made the warrant void and there, consequently, was no legal arrest. We, therefore, make the Rule absolute. If the petitioners are on bail, the bail will be discharged; if in custody, they will be released....
Tag this Judgment!Mahajan Sheikh and anr. Vs. Emperor
Court: Kolkata
Decided on: Oct-13-1914
Reported in: 28Ind.Cas.672
1. Under Section 75 of the Code of Criminal Procedure the seal of the Court is essential to the validity of a warrant. The absence of a seal in this case made the warrant void and there consequently was no legal arrest. We therefore, make the Rule absolute. If the petitioners are on bail, the bail will be discharged; if in custody, they will be released....
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